Adams v. Adams’s Empirical Analysis

Citation profile

8 federal appellate · 4 district · 19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““0 n a careful examination the rule appears to be that, whether there was-tram nutation of possession or not, the trust will be supported, provided it was, in the first instance, perfectly created. * * * It is evident that a trust is not perfectly created where there is a mere intention or voluntary agrei ment to establish a trust, the settlor himself contemplating some further act f >r tlie purpose of giving it completion. * * * If the settlor propose to cc avert himself into a trustee, then the trust is perfectly created, and will be ei forced as soon as the settlor has executed an express declaration of trust into) ded to be final and binding upon him, and in this case it is immaterial whe lier the nature of tlie property be legal or equitable. * * * Where the t ettlor proposes to make a stranger tlie trustee, then, to ascertain whether a va id trust has been created or not, we must take the following distinctions: If tl e subject of the trust be a legal interest, and one capable of legal trans-mut ition, as land, or chattels, etc., the trust is not perfectly created unless tlie egal interest be actually vested in the trustee. ””

   1 later decision quote this exact passage · from the majority
   e.g. Linton v. Brown's Adm'rs

2. ““In the ancient authorities, and at a time when the execution of deeds was subjected to great formality and strictness, it was admitted that if A. execute ■ a deed to B., and deliver it to 0., though he does not say to the use of B., yet it is a good delivery to B., if he accepts of it, and it shall be intended that C. took the deed for him as his servant. * * * A voluntary settlement, fairly made, is always binding in equity upon the grantor, unless there be clear and decisive proof that he never parted, nor intended to part, with the possession of the deed; and even if he retains it, the weight of authority is decidedly in favor of its validity, unless there be other circumstances beside the mere fact of his retaining it, to show it was not intended to be absolute. This will appear from an examination of a few of the strongest cases on each side of the question.””

   1 later decision quote this exact passage · from the majority
   e.g. Hinton's Ex'r v. Hinton's Committee

3. ““Although a trustee may never have heard of the deed, the title vests in him, subject to a disclaimer on his part. Such disclaimer will not, however, defeat the conveyance as a transfer of the equitable interest to a third person. A trust cannot fail for want of a trustee, or by the refusal of all of the trustees to accept the trust. The court of chancery will appoint new trustees.” (p. 192.)”

   1 later decision quote this exact passage · from the majority
   e.g. Shive v. Hayes